TERMS AND CONDITIONS
THIS CONTRACT LIMITS LIABILITY
It is agreed by all that this inspection is to be performed according to the following terms and conditions:
1. The home inspection company performing this inspection, herein known as Inspection Connection, Inc., agrees to perform a visual inspection of existing conditions at the property listed above and report on the major deficiencies or defects therein. The inspection is limited to visual observation of readily accessible areas and does not include latent or concealed deficiencies or defects. Nor does the inspection include the dismantling of any systems, equipment or items. Furthermore, it is subject to the full Release and Limitation of Liability as stated below. The inspector will provide a written report describing his opinion as to the cause of the problem or defect. The written report applies only to the items printed within it as they exist on the specific date and time of the inspection.
The inspector may discuss minor deficiencies or defects as well as maintenance items that are not a part of the written inspection report. The written report is not intended to serve as a compliance document or certification of any federal, state or local regulations, codes or laws. In addition, specific systems and items are excluded from this inspection. This inspection shall meet the Standards of Practice of the American Society of Home Inspectors, as it applies to the specific problem or defect listed above, a copy of which will be an integral part of the inspection report.
It is also beyond the scope of this inspection and report to address the possible presence of or danger from harmful substances or environmental hazards such as asbestos, lead paint, urea formaldehyde, radon, toxic or flammable chemicals or contaminants of the water or air. This list is not exhaustive and the exclusion encompasses other similar harmful substances not specifically listed.
2. Payment of the fee entitles client to one original of the written inspection report including photographs. Payment, in check, cash, or credit card, is due prior to the start of the visual inspection. The liability of Inspection Connection, Inc. is limited to the terms and conditions as set forth in this contract between Inspection Connection, Inc. and the Client. Client expressly releases Inspection Connection, Inc. from any and all claims arising out of the contract.
3. Client represents and assures Inspection Connection, Inc. that Client has secured all approvals necessary for entry onto the premises to be inspected. Client further agrees to defend, indemnify and hold harmless Inspection Connection, Inc.from demands or claims alleging a trespass upon the premises to be inspected. It is the responsibility of the Client or Agent to ensure the utilities are on at the time of inspection. Inspection Connection, Inc. recommends checking for permits on all additional construction performed on the property after the original construction.
4. This Order Form, with its terms, conditions and disclosures, constitutes the entire agreement between Inspection Connection, Inc. and Client. Both parties agree that there is no representation, statement or agreement not set forth herein or incorporated by reference. No waiver, alteration of modification of this contract shall be valid unless it is in writing and signed by an authorized representative of both parties. This contract shall be construed and governed by the laws of the State of California. For all areas marked outside of good condition, Inspection Connection, Inc.recommends proper attention by the appropriate licensed contractor.
5. Inspection Connection, Inc. has no liability for occupied/unoccupied homes and structures, and the inspection is only good until the inspector leaves the property. Disgruntled sellers/squatters often change the condition of the property and no guarantees will be made by Inspection Connection, Inc. In the event that Inspection Connection, Inc. negligently fails to discover or report the existence or severity of any defect(s) or problem(s) in the condition of any item(s) in connection with the property, it is understood and agreed that neither Inspection Connection, Inc. nor its agents or employees shall be liable or responsible for the cost of any resulting expenses for repair(s), improvement(s) or replacement(s), or for any consequential damage, personal injury or death, and the Customer hereby releases Inspection Connection, Inc. and its agents and employees from all known and unknown claims therefore. If, despite the foregoing, Inspection Connection, Inc. or its agents or employees are determined to be liable to the customer on any theory of liability - (including, but not limited to, breach of contract, negligence, negligent misrepresentation or negligent hiring), it is understood and agreed that liability shall be strictly limited to the amount of the inspection fee.
6. I have read the Terms and Conditions of this inspection and accept them, and also accept the Waiver Conditions.
7. I have full authority to execute this contract. I fully understand the fact that only the original buyer on this contract shall be entitled to the information contained in the inspection report/contract.
8. Client shall be liable for Inspection Connection, Inc. attorney's fees in the event of litigation. Any negative comments/actions reflected on/towards Inspection Connection, Inc.shall be grounds for a slander-suit for defamation of character in Superior Court. The defamation of character suit shall be filed against the instigator of said comments/actions.
9. I have read and understand the terms and conditions of this contract as set forth on the front of this form. I fully understand that if there is no signature on the line below, this inspection report shall be null and void.
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